Civil rights groups condemn police repression of Port Botany rally
NSW Council for Civil Liberties, Human Rights Law Centre and Australian Democracy Network are deeply concerned about the heavy-handed police repression of a peaceful protest near Port Botany yesterday evening.
The protest, organised by Unionists for Palestine, consisted of a group of about 400, with children and elderly people in attendance, making speeches and marching. Police did not allow the protest to march on the road and instead directed it onto a roadside path leading to Sirius Rd near the entrance of Port Botany. No vehicles were attempting to enter via this road during this time.
When the protest paused near this driveway and protestors were peacefully sitting on the ground, police issued move on orders and began rresting attendees. Legal observers and others on the scene did not witness a reason being given for the move on orders.
Move on orders can only be validly given to a genuine demonstration when there is a serious
risk to the safety of any person or persons are obstructing traffic. We are concerned that police issued move on orders and arrested individuals for alleged failure to comply with these orders when no serious risk to safety was present and no traffic was observed to be obstructed by the protestors.
We are further concerned by reports of excessive use of force by police, including a protestor being pinned down on the ground by 3 officers with one officer pushing down on her back with his knee and several protestors being apprehended with a wrist hold which bent their hands forward to the point of them screaming in pain. Mounted police advanced on the crowd in a way that resulted in a crowd crush, with several protestors having to climb over a fence to avoid being trampled by olice horses. Police also physically pushed several independent legal observers and obstructed their capacity to observe.
So far, at least 7 individuals have been charged with disrupting a major facility under s214A of the Crimes Act. This offence was brought in as part of repressive anti-protest laws rushed through Parliament in less than 3 days last year. Individuals exercising their democratic right to protest should not face 2 years in jail and a $22,000 fine. We call on the NSW government to repeal this regressive law and for the charges against protestors to be dropped.
Several individuals have been given harsh bail conditions, including that they ‘undertake to participate in an unlawful protest’. There is no specific offence of ‘unlawful protest activity’ and individuals cannot know if a protest they participate in will give rise to unlawful activity. In effect, the only way for an individual to adhere to this condition is to not participate in protests at all. This is out of step with the right of public assembly recognised by NSW courts and the freedom of political communication in the Constitution.
We call on the NSW government and NSW Police to respect the right to protest and ensure that individuals can gather to express their political views without police repression.
Ray Yoshida, Campaigner at the Australian Democracy Network said
The right to protest is fundamental in a healthy democracy. Protests can be inconvenient, they can be disruptive, but that does not make them violent. We urge the NSW government and NSW police to abide by the Declaration of our Right to Protest endorsed by over 60 civil society groups to ensure our democratic rights are fully realised.
David Mejia-Canales, Senior Lawyer at the Human Rights Law Centre said
The right to protest is a cornerstone of a robust democracy, it provides all of us with a way of holding the powerful to account. Temporary disruptions caused by protest do not undermine the duty that governments and their agencies have to guarantee the right to protest and to protect protesters. The Minns Government has a legal duty to guarantee the right to peaceful protest and to prevent the NSW Police Service from interfering with or violating the enjoyment of our right to peacefully protest.
Lydia Shelly, President of the NSW Council for Civil Liberties said
The right to protest needs to be protected, even if protests are considered disruptive, controversial or inconvenient. The political and police response to protestors and protest movements has become increasingly hostile over the last decade and has resulted in the demonisation of protestors and protest movements. This must immediately stop. Protesting is an important civil liberty and human right, which also acts to strengthen social cohesion and allows people to fully participate in the social and political aspects of our democracy. We call upon both the NSW Government and NSW Police to support the right to protest and specifically, the Declaration on our Right to Protest. The anti protest laws must be repealed if NSW is to be an open and free state. We all have a role to play in protecting the fabric of our democracy and it starts with protecting our right to protest.
Nikita White, Campaigner at Amnesty International Australia said
Amnesty International has documented the repression of protests defending Palestinian human rights around the world, particularly in Europe. This repression is unacceptable, and we are incredibly concerned that peaceful protesters have been charged under s214A of the Crimes Act, had harsh bail conditions imposed on them, alongside reports of excessive force.
Under international human rights standards, protests that are not authorised and involve non-violence direct action are protected under the right to peacefully assemble. People should never face 22 years in prison or tens of thousands in fines for exercising their right to protest peacefully. We call on the NSW Police and Government to protect and facilitate the people of NSW’s right to peacefully assemble, as is their obligation under international human rights standards.
Media Contact:
Thomas Feng
Media and Communications Manager
Human Rights Law Centre
0431 285 275
Thomas.feng@hrlc.org.au